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nocare · Mar 10, 2009, 07:59 AM

My husband and I are Japanese citizens and we are at a final stage of getting a green card through my husband's job. However, our marriage life is fallen apart and I would like to file for a divorce after receiving a green card. How soon can I file for a divorce without losing a green card? I have a 4-year old son who was born in the US and I will probably have majority of cutody of him once divorced. Please advise.

DCcityboy · Mar 10, 2009, 08:08 AM

I will certainly answer your immigration question, but have you and your husband tried counseling? Its not easy in a new country with a young child.

You can divorce at any time after you are granted permanent residence.

Your permanent residence is as a dependent on his company's approved I-140, so you must be still married at the time the AOS is approved. You will be granted permanent residence as a dependent spouse, so you are eligible for citizenship 4 years and 9 months from the date your PR is granted.

I wish you and your family well.

Lowtax4eva · Mar 10, 2009, 01:58 PM

You can apply to keep your green card after divorce and remain in the US without your husband as a sponsor but you have to re-apply and it is not certain that USCIS will grant this.

Also having a US born child your chances are very good that this application will be accepted. Below I am posting a link to procedures on how to remove the conditions of marriage that your green card is / will be based on.

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

DCcityboy · Mar 10, 2009, 03:01 PM

please confirm these answers with an experienced immigration attorney or a certified immigration specialist. print out the answers and bring to them for review.

Your case is an employment-based case (husbands employer) of which your husband is a principal applicant and you are a dependent applicant spouse. If you are divorced you are no longer a dependent spouse at the time his permanent residence is granted, you will not be granted permanent residence.

Your case is not a family-based case. Conditional residence and the removal of conditions under the INA does not apply in your case and is only for USC spouses applying for foreign national spouses with marriages less than two years at the time of the 245 interview. There is a removal of conditions for EB-5 alien entrepreneurs as well, but that does not apply either.

The USC child is not relevant to your husbands application or your application.

DCcityboy · Mar 11, 2009, 05:46 AM

To clarify, you will not need to file anything to keep your permanent resident card, if you divorce after it is granted. There is not conditional residence, there is no need for a removal of conditions.

Please confirm this independently with any experienced immigration attorney or certified immigration specialist and comment on my answer. Thank you.

Lowtax4eva · Mar 11, 2009, 11:51 AM

I'd agree to get an immigration attorney in this case but knowing that the US (and other countries) will not knowingly deport it's own citizens (in your case, your son) I feel confident that they will grant you a green card on your own (especially if the divorce is not your idea)

Definitely post back after you have an immigration review by an attorney (if you can do so) as I like knowing the outcome of cases that are not clear cut.

DCcityboy · Mar 12, 2009, 07:23 PM

The USCIS will not, and cannot deport a USC, in this case, your son. They can and will deport you, if you are in the US unlawfully, and have no relief at the removal (deportation) hearing.

Get your PR, divorce and be happy.

lawanwadee · Mar 12, 2009, 11:18 PM

Originally Posted by nocare

My husband and I are Japanese citizens and we are at a final stage of getting a green card through my husband's job. However, our marriage life is fallen apart and I would like to file for a divorce after receiving a green card. How soon can I file for a divorce without loosing a green card? I have a 4-year old son who was born in the US and I will probably have majority of cutody of him once divorced. Please advise.

You must maintain your marriage until AOS is approved. After that, you may file a divorce.

Good luck.

DCcityboy · Apr 29, 2009, 10:50 AM

Originally Posted by Lowtax4eva

I'd agree to get an immigration attorney in this case but knowing that the US (and other countries) will not knowingly deport it's own citizens (in your case, your son) I feel confident that they will grant you a green card on your own (especially if the divorce is not your idea)

Definately post back after you have an immigration review by an attorney (if you can do so) as I like knowing the outcome of cases that are not clear cut.

To confirm, under your current situation, you cannot get a green card on your own. The USCIS does not take into consideration the reason for the divorce for employment based cases.